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moumou
06-12-2011, 23:24 PM
Hello,

This is my first post. I have read through the archives and I am still not sure of the answer to my question:

The landlord has recently demanded a rent increase (after 12 month fixed term contract ended). The agent managing the property told us that we had 3 choices:
1- Refuse the rent increase after which, "WE" must give notice to vacate.
2- Accept the rent increase and sign a 6 or 12 months contract.
3- Accept the rent increase and sign a one month contract then go on a rolling contract afterwards.

We said we will accept the rent increase if the landlord will add a clause in the 1 month contract "option 3" that he will not increase the rent for another year. The landlord refused to add a clause. We spoke to the agent on the phone and asked for the new contract to be sent. They sent us an email with the new contract. After going through it, we were not happy with the terms and decided we no longer wished to remain in the property. We gave a two months notice.

The agent is now asking for the new rent increase, saying that we had agreed the increase, even though we hadn't signed anything.


I am confused! if they are happy to take the money then why did they demand a new contract, and if I haven't signed a new contract then I am still under obligation to pay the increase?

Your help is much appreciated.

Thanks

bhaal
07-12-2011, 07:50 AM
The agents are trying it on/trying to get increased commission. Tell them you didn't agree to anything (then put it in writing to both landlord and agent)and continue to pay the original rent as normal. There is a way for landlord to unilaterally increase the rent once a fixed term has expired under section 13 of the Housing Act 1988 but as far as you've said this has not been done and the agents don't know about it. You also have to receive at least one months' notice of the increase so at most you would pay the last month of your notice period at the increased rent.

MrJohnnyB
07-12-2011, 17:02 PM
As Bhaal says. Section 13 also precludes rental increases more frequently than every 12 months. So if they opt for doing it this way which is the proper way then you're protected from future rental increases under s13.

Also worth pointing out to Letting Agent/LL that by signing a 1 month tenancy you're actually protected for eviction proceedings under s21 for 6 months - something which would be completely unadvisable.

Snorkerz
07-12-2011, 19:24 PM
Also worth pointing out to Letting Agent/LL that by signing a 1 month tenancy you're actually protected for eviction proceedings under s21 for 6 months - something which would be completely unadvisable.Not so MrJohnnyB - the 6 month minimum is from the start of the tenancy it is not per tenancy agreement.

Howeveer, this may be useful for moumou http://tenancyanswers.ucoz.com/index/tenants_rent_increase/0-42